SR-308-002-02 (10)
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Councll Meeting: 2/23/82
Santa Monica, call~rnia
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FEB 2 3 1S82
TO:
Mayor and Clty Councll
FROM'
Cl ty Staff
SUBJECT
Recommendatlon Regarding Beach Concesslons in 1982 Season
Introduction
ThlS report presents staff's recommendatlon regardlng City-owned beach conceSSlons for
the 1982 beach season, and requests City Councll approval of the same.
Background
There are currently seven fast-food conceSSlon sltes in the beach area WhlCh are
owned by the City and adminlstered by the Department of Recreation and Parks. Two
of these sltes, the Mermald Cafe and Hot Dog on a Stlck, have been on a month-to-month
rental arrangement. Flve other sltes contaln Clty-owned buildlngs, and operated under
longer term conceSSlon agreements wlth the Clty prior to the eXplratlon of our
previous beach operatlng agreement wlth the State. Four of these bUlldings were under
lease to Zeppy's and subsequently subleased to Plcea, Inc. (two sltes) and Nand J, Inc.,
(two sltes), dOlng buslness as Hy's Perry Plzza and Andre's, respectlvely. The fifth
bUlldlng was under lease to Nancy Llndsey, dOlng buslness as NancY's.
Flnallzatlon of the new beach operatlng agreement with the State was recelved by the
Clty ln late November. The new twenty-flve year agreement allows the Clty an
opportunlty to do some long range planning for the beach area, WhlCh mlght lnvolve
replacement of some of the eXlstlng bUlldings whlch are no longer in good structural
cond1tlon. Due to the late notif1cation recelved of renewal of the State agreement,
there lS not tlme to make any maJor changes lnvolving construction prlor to the beach
season, Wh1Ch normally begins w1th Easter week in Apr11.
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FEB 2 3 1982
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TO: Mayor and City Council
Santa Monic~cal1fornia
-2-
Staff would llke to have more tlme to plan for 1mprovements 1n the area of beach
conceSS1ons, and to allow time for construction, 1f appropr1ate. Therefore, 1t would
be des1rable to renew the prev10us concession agreements wlth Picea, Inc , and w1th
Nand J , Inc., on a month to month basis and to enter 1nto new month to month
agreements with the Merma1d Cafe and Hot Dog on a Stick to provide serV1ce to beach
patrons through the 1982 season An operator for the build1ng previously leased to
Nancy L1ndsey (located at 930 PCH) would have to be determlned through the bid process,
since that contract ended 1n d1spute, and the C1ty 1S in the process of f11ing
litigat1on. The b1d would spec1fy that the agreement would not exceed one year.
The Recreation and Parks Comm1sslon cons1dered and unanimously approved staff's
proposal as outl1ned here1n at their regular meeting of January 21, 1982.
Mr. Durst moved to accept staff's recommendation to renew
previous conceSSlon agreements with P1cea Inc., and
N & J Inc., on a month to month basis and to seek blds for
an operator for the bU1lding at 930 P.C.H. to operate for a
perlod not to exceed one year. The motion was seconded
by Mrs. Verge and carried unan1mous1y.
Recommen da t 10 n
Staff recommends that the Councll approve staff's proposal to renew on a month to
month basls, the previous conceSSlon agreements with P1cea, Inc., and Nand J, Inc.,
to enter lnto new month to month agreements w1th the Mermald Cafe and Hot Dog on a
Stlck, and to seek, through the bld process, a conceSSlonalre for the bui1dlng at
930 P.C.H. to operate during the 1982 season.
Prepared by: Donald T. Arnett, Director
Recreation and Parks
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LAW OF'FICE:S
STANLEY 0 EpSTEIN
A PROl"E5SIONAL GDRPORAT ON
2522 AR"';::SIA BOULEVARD
o~ CCUNSEL
ALEXANDER E MACKSOU:>
REDO"iDO BEACH, C"UFORNIA 90278
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F"<Ob" LOS t>NG:::LO:::.s '213 77;:;-7~2C
June 9, 1981
City Clerk,
City of Santa Monica
1685 Main Street
Santa Monica, California 90401
Re Next Regular City Council Heeting of June 23, 1981,
Request To Include Item On Agenda
Gentlepersons'
Please be good enough to include on the agenda of your next
regularly scheduled City Council Meeting the following
subject.
Request for approval of modification of Concession
Agreement between Nancy Lindsey, d/b/a Nancy's
Refreshments and the City of Santa Monica, dated
June 13, 1975 The modification consists of the requested
termination of one of the two concession locations, more
particularly the Mobile Catering Unit located at 810
Pacific Coast Highway, Santa Monica (Sorrento Beach)
Should you have any questions relative to the above, please
contact my office at your early convenience
(~ry\ truly
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cc. Nancy Lindsey
Donald Arnett
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CITY OF
SANTA MONICA
CAUFORNIA
City Clerk
1685 Mam Street, Santa MOnica, Ca 90401
Telephone (213) 393.9975
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June 17, 1981
Stanley O. Epsteln
2522 Artesla Boulevard
RedondQ Beach, California
90278
Dear Mr. Epstein:
Your request tQ address the City Caunell has been placed
on the agenda for the meeting tQ he held on June 23, 1981.
Please plan to attend the above meeting if yuu wlsh to
participate 1n the discussIon.
Sincer.ely,
(~ 7)L~~
Ann M. Shore
C1ty Clerk
Attachment: C1ty CQuncil Agenda
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Santa Monica, cal'llrnia, June 18, 1981
JUN 2 ~ 1981
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Nancy Lindsey
Beach Concession Agreement
Introduction
This report is intended to provide background information on Nancy Lindsey dba:
Nancy's Refreshments through beach concession agreement, contract #2165 (CCS).
Ms. Lindsey has submitted to Council a written communication for the agenda of
June 23.
Background
The concession agreement was transferred to Nancy Lindsey from the original
lessee, David A. Mittleman, with City Council approval on April 24, 1979. The
lease is scheduled to expire on December 21, 1981. The agreement provldes for the
operation of a refreshment concession on the site located at approximately 810
Pacific Coast Highway {commonly known as "Sorrento"}, and the premises located on
beach parking lot 930. Rent is to be paid on the first day of each of the months of
May, June, July and August each year, the payment to be a minimum of $1,500 per site
(for a total annual minimum of $12 ,OCm), plus 25J,~; of the total gross monthly
receipts in excess of $1,960.78 per site.
The City provides the bUl1ding at the 930 site. The "Sorrento" site requires a
mobile concession unit.
When Ms. Lindsey entered into the contract, the construction of the pedestrian
overpasses was in progress on both sites. Ms. Lindsey requested waiver of June 1979
rent in a letter dated October 1, 1979. due to constructlon interference. Staff
surveyed parking revenues at the two sites for the month of June. A 12% reduction
was evident in the use of the parklng facilities, a 12% reduction of the June rent
/30
JUN 2 :3 '981
To: Mayor and c4It Council
-2-
Santa~ica. California. June 17. 1981
was granted. Approximately four months later (June rent still had not been
paid) Ms. Lindsey wrote another letter further explaining her request and
detailing figures to indicate ~evenue lost due to the construction. Our
records ind1cate that there was no reply to this letter from the Recreation
and Parks Department, and that Ms. Llndsey continues to owe the City 88% of
the June 1979 rent installment of $2,640.
During the 1980 summer season. Ms. Lindsey did not make rental payments in
accordance with the lease agreement. Finance department records show June 1980
rent was paid in two installments (6/24/80 and 7/1/80), as were July (7/9/80 and
7/22/80), and August (7/30/80 and 8/12/80). Staff informed Ms. Lindsey that
payment in installments was contrary to lease terms and not acceptable (letter
dated August 6, 1980), and urged Ms. Lindsey to comply with terms of the
agreement.
On June 1,1981, City staff received a check in the amount of $1,800 with
a letter from Ms. Lindsey indicating that this was partial payment for May rent
(which was due May 1), and that the remainder would be forthcoming.
As mentioned earlier in this report, Ms. Lindsey was providing service to the
"Sorrento" site by dispensing products from a mobile concession un1t. At the end
of the 1980 summer season, the mobile unit had apparently been vandalized, and
City staff was receiving complaints about the "eyesore" that the unit had become.
Staff requested Ms. Lindsey to remove the unit from the site during the "off"
season and offered assistance in securing storage for it. It was arranged for
the unit to be stored at the Santa Monica Airport.
Mayor and City Coun4lt
Santa Monica, 4Itifornia, June lB, 19B1
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At the onset of this year's summer season, Ms. Lindsey returned the unit to
the "Sorrento" site in essentla11y the same condition.
Staff requested Ms. Lindsey, in a letter dated June 4,1981, to pay all rents
due (remainder of May installment, $1,200 plus June installment, $3,000) and to
make arrangements to either have the mobile concession unit restored to a clean,
sanitary and attractive condition or to replace it, both conditions to be
rectified within ten (10) days of receipt of the letter. Postal return receipt
records indicate that the letter was received by Ms. Lindsey on June 6,1981.
Since receiving the letter, Ms. Lindsey has paid $1,200 of the rent due and has
removed the mobile concession unit from the site. Ms. Lindsey continues to owe
$3,000 in rent which was due June 1,1981, and is not providing concession
service to the "Sorrento" site, in accordance with conditions of the concession
agreement.
Prepared by: Donald T. Arnett, Dlrector
Recreation and Parks
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LOS AXGELES. CALlFORXIA 90049
April 29, 1980
G 368
Santa Monlca City Clerk
C~ty of Santa Mon~ca
1685 Main Street
Santa Monlca, California
90401
Re: Proposed parasail Operatlon
for Summer, 1980
Dear Sir:
Please find enclosed a detailed presentat~on of
my cllent's, the Ferguson/Rodriguez partnership, proposed
parasail operation for the summer of 1980. This proposal
has recently been submitted to County staff. In response
to that presentatlon, the Director of Parks & Recreat~on,
Don Arnett, cited problems with heavy beach use and
indemnity insurance. However, my client is prepared to
obta~n substantial insurance and lS confldent that thlS
activity would be compatable with existing use of the
Santa Monlca Beach. Therefore, at Mr. Arnett's suggestion,
I am requesting that this proposal be placed on the Clty
Council's calendar for consideration by the full councll.
Thank you for your attention to this matter.
I remain,
Very truly yours,
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TODD R. HmV'ELL
TRH:ld
Enclosure
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PROPOSED PARASAIL OPERATION
FOR
SUMMER, 1980
The following lS a detailed presentatlon of my
client's, the Ferguson/Rodriguez partnershlp, proposed
Parasail operation for the summer of 1980. Parasail rides
are already being conducted in Florida, Texas and Hawall.
My client conslders the Southern Cal~fornia coast to be an
ideal locatlon for such an activity, and is anXlOUS to
establ~sh such a ride on one of the beaches of Los Angeles
County.
DESCRIPTION:
Basically, Parasailing consists of towlng an alr-
borne parachutist Wlth a power speed boat. The rlde beglns
with the parachutist standing on the beach, and ends with
him floating gently back to the area from WhlCh he started.
Before becoming airborne, the parachutist stands on the
beach wearing a parachute which trails out behind him on
the sand. The parachutist is attached to a cable which
is in turn connected to the power boat wa~tlng offshore
ln the water beyond the surfline. When everyone is ready,
the boat accelerates away from shore, the parachutist trots
towards the water and after two or three steps is a~rborne
and rises to a height dictated by the length of the cable
for the duration of the rlde.
Throughout the rlde, the parachutlst is controlled
by the driver of the boat at all times. He lS not free to
swoop, rise and descend as he pleases. Rather, his altitude
~s governed by the speed of the boat, and h~s path necessarily
follOws the course charted by his drlver. The ride wlll be
relatively short. parasalling rldes as conducted ln the
Un~ted States today generally last about s~x minutes, and my
client intends to conform to that guideline. At the end of
the ride, the driver drops the parachutist on a ten-foot in
d~ameter cricular target on the sand where the ride started.
This is done by gradually slow~ng the boat as it lS driven
parallel to the shorel~ne, allowing the parachutist to float
back out over the sand. When the parachutlst is positioned
over the target, the drlver stops the boat and the parachutist
is lowered slowly to the target.